The tension between doctrine and reality – Cardinal Marx’s intervention

Earlier today we had a short Synod intervention from Cardinal Danneels, and now one of the longest, from Cardinal Reinhard Marx. It’s also one of the most fearless, as the German cardinal talks about some of the topics that he has been criticised heavily for: Communion for divorced and remarried Catholics and graduality.

Like the intervention of Bishop Bode, Cardinal Marx’s text is based heavily on the life experiences of the faithful concerned. And while it is essential for the Church to meet people where they are, I do miss the essential aspect of our faith: that is a revelation faith. Its foundation is objective truth, and while the way we relate to that truth, communicate it and help people achieve it (acknowledged by Cardinal Marx as he discusses our call to holiness) can and should vary according to circumstances, that truth does and can not. In the debate about Communion for divorced and remarried faithful (a circumstance consequently referred to in this intervention as only possible when we are talking about civil divorce and marriage) this is something that we must keep in mind. It defines what we can do pastorally.

Fifty years ago, the Second Vatican Council once again made the Gospel a source of inspiration for the life of individuals and society. The same is true for the “Gospel of the family” (Pope Francis). In the Pastoral Constitution Gaudium et spes (GS) it developed a doctrine of marriage which was further developed by the Popes after the Council. Even when the Council did not the answer all the questions which concern us now, it did lay a theological foundation which helps us to answer our current questions.

The Council understands marriage as an “intimate partnership of married life and love” (GS, 48) and develops the doctrine of marriage in the context of a theology of love. The love between man and woman “is directed from one person to another through an affection of the will; it involves the good of the whole person, and therefore can enrich the expressions of body and mind with a unique dignity, ennobling these expressions as special ingredients and signs of the friendship distinctive of marriage”. This love “pervades the whole of their lives: indeed by its busy generosity it grows better and grows greater” (GS, 49). The Council emphasises that this love between man and woman requires the institutional and legal framework of marriage, to develop and keep it permanently in good and bad days. Not in the last place does the institution of marriage serve the wellbeing of children (cf. GS, 50).

With the help of this theology of love and also the theology of the covenant, which can only be insufficiently outlined here, the Council succeeded in making the sacramentality of marriage understandable again. Marital love becomes an image of the love of Christ for His Church and the place where the love of Christ becomes tangible. In order to also express this connection between the divine and the human verbally, the Council speaks of the covenant of marriage. Finally, the indissoluble fidelity is an efficacious sign of Christ’s love in this world.

In the end, the Council sees human sexuality as an expression of love and suggests a new direction in sexual ethics. “This love is uniquely expressed and perfected through the appropriate enterprise of matrimony. The actions within marriage by which the couple are united intimately and chastely are noble and worthy ones. Expressed in a manner which is truly human, these actions promote that mutual self-giving by which spouses enrich each other with a joyful and a ready will” (GS, 49). To this richness belong without doubt also, but not only, the conception and education of children. For the Council fathers expressly emphasise that marriage without children also “persists as a whole manner and communion of life, and maintains its value and indissolubility”(GS, 50).

It is this Synod of Bishops’ task to deepen and develop this theology of respectively love and the covenant, which the Council has established in basic features, but which is not yet completely reflected in canon law, with an eye on the current challenges in the pastoral care regarding marriage and family. I would like to focus on two challenges: marriage preparation and guidance, and the question of reasonably dealing with those faithful whose marriage has failed and those – not a few – who have divorced and are civilly remarried.

It is no coincidence that the Council speaks of growing in love. That is true for living together in marriage; but it is equally so for the time of preparation for marriage. Pastoral care should be developed which shows clearer than before the travelling aspect of being Christian, also in relation to marriage and family. We are all called to holiness (cf. Lumen gentium, 39), but the road towards holiness only ends on the Last Day, when we stand before the judgement seat of Christ. This path is not always straight and does not always lead directly to the intended goal. In other words: the path of life of the spouses has times of intense feelings and times of disappointment, of successful joint projects and failed plans, times of closeness and times of alienation. Often the difficulties and crises, when they are overcome together, are the ones that strengthen and consolidate the marriage bond. The Church’s marriage preparation and guidance can not be determined by moralistic perfectionism. It should not be a program of “all or nothing”. What is more important is that we see the various life situations and experiences of people in a differentiated way. We should look less at what has not (yet) been achieved in life, or perhaps what has thoroughly failed, but more at what has already been achieved. People are usually not motivated by the raised finger to go forward on the road to holiness, but by the outstretched hand. We need pastoral care which values the experiences of people in loving relationships and which is able to awaken a spiritual longing. The sacrament of marriage should in the first place be proclaimed as a gift that enriches and strengthens marriage and family life, and less as an ideal that can not be attained by human achievement. As indispensable as lifelong loyalty is for the development of love, so the sacramentality of marriage should not be reduced to its indissolubility. It is a comprehensive relationship which unfolds.

The moment of receiving the sacrament of marriage is indeed the beginning of the way. The sacrament not only happens at the moment of marrying, in which both spouses express their mutual love and loyalty, but unfolds in the road they take together. Giving shape to common life in marriage is the responsibility of the spouses. The Church’s pastoral care can and should support the spouses, but must respect their responsibility. We should give more space to the consciences of the spouses in proclamation and pastoral care. Certainly, it is the Church’s duty to form the consciences of the faithful, but people’s judgement of conscience can not be replaced. That is especially true in situations in which the spouses must make a decision in a conflict of values, such as when the openness to conceiving children and the preservation of marriage and family life are in conflict with each other.

But appreciative and supportive pastoral care can also not prevent all marriages from failing, spouses from ending their covenant of life and love and separating. The new process of establishing the nullity of a marriage can also not cover all cases in the right way. Often the end of a marriage is neither the result of human immaturity, nor of a lack of willingness in marriage. Dealing with faithful whose marriages have failed and who, often enough, entered a new civil marriage after a civil divorce, remains therefore a pressing pastoral problem in many parts of the world. For many faithful – including those whose marriages are intact – it is a matter of credibility of the Church. I know this from many conversations and letters.

Thankfully, Popes John Paul II and Benedict XVI left it no doubt that civilly divorced and remarried faithful are also part of the Church, and repeatedly invited them to take an active part in the life of the Church. It is therefore our duty to develop welcoming pastoral care for these faithful and involve them ever more in the life of communities. To them the Church has to witness of the love of Christ, which applies in the first place to those who have failed in their intentions and efforts. For “it is not those who are in health that have need of the physician, it is those who are sick” (Matt. 9:12). It is the mission of the Church to heal the wounds caused by the failing of a marriage and the separation of spouses, and show them that God is with them, also in these difficult times. Can we really heal without allowing the sacrament of Reconciliation?

With an eye on the civilly divorced and remarried faithful who take an active part in community life, many faithful ask why the Church refuses them, without exception, participation in sacramental Communion. Many in our communities can not understand how one can be in full community with the Church and at the same time excluded from the sacraments of Confession and the Eucharist. The fact that civilly divorced and remarried faithful objectively live in adultery and as such are in contradiction to what is presented emblematically in the Eucharist, the faithfulness of Christ to His Church, is given as reason. But does this answer do justice to the situation of those concerned? And is it sacramental-theologically compelling? Can people who are considered to be in a situation of grave sin truly have the feeling of belonging completely to us?

In the German Bishops’ Conference we have also occupied ourselves intensively over the past years with the theology and pastoral ministry of marriage and family. We took the Holy Father’s assignment seriously, to think about the topic, discuss and deepen it, in the time between the Synods. The German Bishops’ Conference has organised a day of study about this, together with the Bishops’ Conferences of France and Switzerland, in May of 2015, the contributions of which have also been published. In the theological faculties too, the topics were taken up and debated in biblical-theological, exegetical, canonical and pastoral-theological perspectives. Additionally, there were conversations with theologians and publications. We have learned that the theological work about this must continue in the future.

About the topic of civilly divorced and remarried faithful the German bishops have themselves published in June of last year further considerations and question, which I would like to outline briefly.

Someone who, after the failure of a marriage has entered into a new civil marriage, from which often children were born, has a moral responsibility to the new partner and the children which he or she can not denounce without being burdened with new guilt. Even if a renewal of the previous relationship were possible – which it generally isn’t – the person concerned finds himself in an objective moral dilemma from which there is no clear moral theological way out. The advise to refrain from sexual acts in the new relationship seems unreasonable to many. There is also the question if sexual acts can be judged in isolation from the context of life. Can we assess sexual acts in a second civil marriage as adultery without exception? Independent of an assessment of the particular situation?

In sacramental-theological regard two things should be considered. Can we, in all cases and with a clear conscience, exclude faithful who are civilly divorced and remarried from the sacrament of Reconciliation? Can we refuse them the reconciliation with God and the sacramental experience of the mercy of God even when they sincerely regret their guilt in the failure of marriage? Regarding the question of allowing sacramental Communion, it must be considered that the Eucharist not only makes present the covenant of Christ with His Church, but also always renews it and strengthens the faithful on their way to holiness. The two principles of admission to the Eucharist, namely the testimony of unity of the Church and the participation in the means of grace, can at times be at odds with one another. In the Declaration Unitatis redintegratio (N. 8), the Council says: “Witness to the unity of the Church very generally forbids common worship to Christians, but the grace to be had from it sometimes commends this practice”. Beyond ecumenism, this statement is also of fundamental pastoral importance. In his Apostolic Letter Evangelii gaudium the Holy Father adds, with reference to the teachings of the Fathers of the Church: “The Eucharist, although it is the fullness of sacramental life, is not a prize for the perfect but a powerful medicine and nourishment for the weak. These convictions have pastoral consequences that we are called to consider with prudence and boldness” (N. 47).

Starting from the theological foundations established by the Second Vatican Council we should seriously consider the possibility – based on the individual case and not in a general way – of allowing civilly divorced and remarried faithful to receive the sacraments of Confession and Communion, when common life in the canonically valid marriage has definitively failed and this marriage can not be nullified, the commitments of this marriage are settled, there is regret for the guilt of the end of this marital common life and there is the honest will to live the second civil marriage in faith and raise the children in the faith.

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I am Mark de Vries, a 38-year-old lay Catholic from Groningen, the Netherlands, and happily married since March of 2017. I am interested in the Catholic faith and the Church, which is what this blog is for. Other interests include, history, language and a combination of these. I also enjoy reading, drawing, cycling, photography and a good movie or series.

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